Exchange of crofts

Exchange of crofts or parts of crofts
4A
1
A crofter may not exchange his croft (or any part of his croft) for another croft (or part of another croft) unless—
a
he obtains the consent of—
i
the landlord of his croft; and
ii
the Commission;
b
the exchanging crofters have the same landlord; and
c
that landlord is the owner of any common grazing in which the crofters share.
2
The consent of the Commission shall not be given unless they are satisfied that the consent mentioned in paragraph (a)(i) of subsection (1)
above has been obtained.
2A
Where consent is applied for under subsection (1) in relation to an unregistered croft (or any part of such a croft), the Commission—
a
may not grant that consent unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for consent was made;
b
need not, during that 6 month period, consider the application for consent until an application for first registration of the croft is submitted.
2B
In relation to a registered croft, or any part of such a croft, (other than a first registered croft)—
a
any consent of the Commission to the exchange of the croft expires at the end of the period of 3 months beginning with the date on which such consent was given unless an application for registration of the exchange of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
b
the exchange takes effect on the date of registration.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A new croft is not created by virtue only of such exchange.
S. 4A and cross-heading inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 9, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
S. 4A(3) repealed (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(5)(b) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)
S. 4A(2A)(2B) inserted (30.11.2012 for specified purposes, 30.11.2013 in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(5)(a) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(c)(2), sch. 1 Pt. 2 (with sch. 2 paras. 1(m) 9)